You absolutely do not have the right to post a sign like “No Hispanics” at your restaurant, under current US law (Civil Rights Act of 1964). You do not have to wait for an actual hispanic person to show up and be refused service to be liable - the presence of the sign alone is already in violation and can get you fined or imprisoned. You cannot claim “This sign is just for decoration as an expression of my 1st Amendment rights, we would never actually enforce it.” In this way, the Civil Rights Act already does abridge your right to write any sign you want, ironically in direct contradiction to the “Congress shall make no law” language of the 1st Amendment.
The Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, religion, sex or national origin.
And yet, it seems legal to not serve someone based on religious beliefs as well as sex, based on the numerous times it has happened. Why is that ok but not the other? I mean, i know it’s not really ok, but it’s still allowed to happen.
That’s the Supreme Court for ya! Their judgements do tend to meander and sometimes flip over the years, especially recently. You are probably refering to Masterpiece Cakeshop (2017) decision being different from the civil rights era cases, like say Newman v. Piggie Park Enterprises, Inc. (1968) where the defendant who did not want to serve black customers at his BBQ restaurants unsuccessfully argued that “the Civil Rights Act violated his freedom of religion as his religious beliefs compel him to oppose any integration of the races whatever.” It is still enlightening to read the actual court decisions and the justifications used to arrive at one conclusion or another, and especially their explanations for how the current case is different from all the other cases decided before. After a while though it does start to look as if you could argue for any point of view whatsoever if you argued hard enough.
You absolutely do not have the right to post a sign like “No Hispanics” at your restaurant, under current US law (Civil Rights Act of 1964). You do not have to wait for an actual hispanic person to show up and be refused service to be liable - the presence of the sign alone is already in violation and can get you fined or imprisoned. You cannot claim “This sign is just for decoration as an expression of my 1st Amendment rights, we would never actually enforce it.” In this way, the Civil Rights Act already does abridge your right to write any sign you want, ironically in direct contradiction to the “Congress shall make no law” language of the 1st Amendment.
The Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, religion, sex or national origin.
And yet, it seems legal to not serve someone based on religious beliefs as well as sex, based on the numerous times it has happened. Why is that ok but not the other? I mean, i know it’s not really ok, but it’s still allowed to happen.
That’s the Supreme Court for ya! Their judgements do tend to meander and sometimes flip over the years, especially recently. You are probably refering to Masterpiece Cakeshop (2017) decision being different from the civil rights era cases, like say Newman v. Piggie Park Enterprises, Inc. (1968) where the defendant who did not want to serve black customers at his BBQ restaurants unsuccessfully argued that “the Civil Rights Act violated his freedom of religion as his religious beliefs compel him to oppose any integration of the races whatever.” It is still enlightening to read the actual court decisions and the justifications used to arrive at one conclusion or another, and especially their explanations for how the current case is different from all the other cases decided before. After a while though it does start to look as if you could argue for any point of view whatsoever if you argued hard enough.